N.J. town's efforts to protect trees balances property rights and public good

EAST AMWELL — Tucked away in the southeast corner of Hunterdon County, East Amwell is home to hundreds of acres of farmland, open space and forest.

More than a third of the 28-square-mile township is preserved and a vast majority of the town has 10- and 15-acre minimum lot sizes.

Now the town, largely because of environmental concerns, is strengthening its tree-harvesting ordinance to limit the number of trees that could be cut down by a property owner to fewer than six in a 6-month period without a permit.

Trees are important in ways beyond aesthetics and helping the town keep its rural character. They absorb carbon dioxide, help clean and recharge groundwater and provide a refuge for migratory birds passing through the region, Committeeman Dart Sageser said.

But writing a strong ordinance to protect the trees on private property that strikes a balance between property rights and the public good was a long process.

The goal of the revised tree-harvesting ordinance is not to regulate small-scale tree removal on private property, but to encourage healthy forest management and discourage people from randomly cutting down an excessive number of trees, Sageser said.

Protecting the tree canopy in the Sourland Mountains was among the aims, but “the notion kind of spread that we needed to protect all the trees, not just the Mountain trees — within limits,” he said.

The Planning Board’s decision to revisit the ordinance grew out of a problem with enforcement.

“It became apparent that the ordinance really was not helpful in terms of advising people what to do nor did it have a clear path if you violated it,” he said.

On more than one occasion, residents have complained to township officials about a neighbor’s yard, pointing out clear-cut areas with nothing but stumps and broken limbs strewn around. More recently, Christopher Stahl cleared 12 acres of trees on his property without a permit to make room for a solar facility that eventually fell through.

“When we tried to punish him for the fact that he didn’t follow the requirements, we really didn’t have much to work with,” Sageser said.

Under the proposed ordinance introduced last week, no permit is required if the number of trees removed is fewer than six trees in a 6-month period or is consistent with the Right to Farm Act or a state-approved woodland management plan. Nurseries, garden centers, tree farms and orchards are also exempt.

Homeowners may also remove trees that are dead, diseased, damaged from a storm or pose a danger without a permit.

“It’s the in-between people that aren’t aware or clear too much property, too much land,” Sageser said. “We feel that that needs to be done with a sense of best management practices from the state level and that efforts are made to monitor and control this in the absence of a woodland management plan.”

The proposed ordinance establishes two tiers: the first is the removal of up to 20 trees per tax lot where fewer than seven trees are removed from any one acre and the second is the removal of more than 20 trees per tax lot or more than six in any one acre.

The first-tier permit costs $20, while the second-tier permit is $100 plus the cost of a review by a forester, if needed.

There are also guidelines for replacing the trees that were removed.

The zoning officer would enforce the rules, monitor all tree harvest permits, visit the site before and after the harvesting and inspect the site for any obvious environmental degradation or damage to the roads and rights-of-ways, among other things.

If he needs a professional opinion, there is a provision that would allow him to call a forester at the expense of the applicant.

Violators of the proposed regulations could face a $1,250 fine or, in some cases, jail or community service. Fines and penalties for failing to obtain a tree removal permit can vary depending on the extent of the violation and the associated environmental damage.

The public hearing is set for Nov. 8 at 7:30 p.m. in the municipal building, 1070 Route 202-31, Ringoes.